10
THE MORNING- OREGONIAN, SATURDAY, DECEMBER 14, 1901.
FRENCH SAILOR IS FREE
COURT SVl'S HE WAS JAILED WITH
OUT WARRANT OP LAW.
For n. Trivial Offcnwe He Was to Be
Taken Home on a Warship But
He Stnyw In Land of Liberty.
"Victor Merrlen, a French sailor, who
had been confined In the City Jail since
November 21 without authority of law,
was released from custody by Judge Cle
land yesterday, on a writ of habeas cor
pus. The facts In the case disclosed a va
riety of peculiar things in French law
regarding the rights of personal liberty.
The Intention was to take the man back
to France on a French man-of-war or
gunboat, to face the very trivial charge
of having thrown a wooden slipper (sabot)
at the mate of his ship. Merrlen was one
of the crew of the ship Amlral do Cor
jiullcr, and the mate thrashed him
soundly for his act. A court was after
wards held on tho ship, and evidence con
cerning the offense was taken, but- the
defendant was not allowed to be present.
Captain Rio, of the vessel, next sent the
papera in the case to C. Henri Labbe, the
French Consular Agent, for Mr. Labbe to
tako further proceedings, and Merrlen
was locked up by Chief of Police Mc
Lauchlan and kept in custody until yes
terday, on the following written order or
the Consul:
Chief of Police McLauchlan: Will you kindly
Bend an officer to the French ship Amlral de
Cornullcr, to take Into custody a bailor named
Victor C. F. M. Merrlen, who has been guilty
of having raised a disturbance on the ship, in
having attacked the mate and teveral sailors.
C. HENRI LABBE, French Consular Agent.
P. S. Please hold this man in custody until
Jurthcr orders from me.
Mr. Labbe contended that he had a
right, by the terms of the treaty between
the "United States and France, to order
the sailor put In prison, and to send him
back to France on a government vessel.
The treaty refers to misconduct of sail
ors on a vessel, criminal offenses, deser
tion and so on. He informal the court
that, after having the man sent to jail,
he reported the matter to the French
Consul in San Francisco, who Instructed
him to hold the sailor, and that a French
warship was exacted to arrive at San
Francisco before long. He also after
wards received a telegram from the Con
sul at San Francisco to the same effect.
Mr. Labbe said it was customary to ar
rest sailors In San Francisco In this man
ner. City Attorney Long argued that, by
virtue of the treaty, the courts had noth
ing to do with Merrlen. who must be tried
by the French authorities, and that the
local officers In Portland are compelled to
recognize the authority of the French
Consul or captain, and hold a man In jail
when requested to do so.
Henry K. McGinn and Charles A. re
train, attorneys for Merrlen, contended
that neither a captain of a French ship
nor a French Consul has authority to or
der a man locked up in jail under the
treaty, but must act through the United
States Court, where the accused would be
allowed a hearing, and a decision would
then be rendered what to do with him.
Judge Cleland took this view of the
matter, and said that, under the act or
Congress of 18C4, application must be made
to the United States authorities. The re
straint was without authority of law, and
the order would bo that the prisoner be
discharged.
On Thursday Merrlen sued Captain Rio
ror 57j00 damages for false imprisonment,
but the captain luckily sailed away on his
voyage before the summons and complaint
were served upon him.
Several days ago the sailor libeled the
vessel In the Federal Court, In order to se
cure his wages. Abond was filed by the
consignees to secure the money, so that
there will be no difficulty in collecting,
even if the vessel has departed.
HOW FRENCH SAILORS ARE HELD.
Local Officers Enjoined to Give Every
Aid to Consul.
Mention was made in yesterday's dis
patches of complaint made by the French
Embassy that French shipowners are
not given the protection at Pacific Coast
ports to which they ore entitled under
the treaties between France and the Unit
ed States. It seems that the chief com
plaint was against Infraction of the trea
ty provision at San Francisco, and Port
land was mentioned In the same connec
tion. It was also stated by the French
Ambassador that in response to com
plaints the local officials have replied
that they were not aware of the provi
sions of the treaty In that respect. The
article of the treaty bearing upon the
duties of local authorities in assisting
Consuls in inforcing legal rights in ship
ping matters reads as follows:
The respective Consuls-Generals, Consuls,
"Vice-Consuls or Consular agents, shall have
exclusive charge of the internal order
of the merchant vessels of their na
tion, and shall alono take cognizance
of differences which may jfcrlse, either at sea
or In port, between tho captain, officers and
crew, without exception, particularly In refer
ence to the adjustment of wages and the ex
ecution of contracts. The local authorities
fihall not, on any pretext, interfere In these
differences, but shall lend forcible aid to the
Consuls, when they may ask it, to arrest and
Imprison all persons composing the crew whom
they may deem it necessary to confine. Those
persons shall be arrested at the sole request of
the Consuls, addressed In writing to the local
authority, and supported by an official extract
from the register of the ship or the list of tho
crew, and shall be held, during the whole time
of their stay in port, at the disposal of tho
Consuls. Their release shall be made at the
mere request of the Consuls made in writing.
The expenses of the arrest and detention of
those persons shall be paid by the Consuls.
KINDERGARTENS GET MONEY.
JJndgre George Rules That Special
Tax Money Is Theirs.
Judge George yesterday decided that the
Portland Free Kindergarten Association
Is entitled to the money in the hands of
School Clerk Allen, collected as a special
tax by authority of taxpayers at the an
nual meeting held on January 21, 190L
The amount to be raised was 55000, and at
the time the suit was brought 51247 had
been collected, and more since.
Judge Sears concurred in the result of
the decision, but not in the decision Itself.
Judge George, In passing upon the case,
eaid in part:
As to whether the tax was legally levied is
now immaterial for any purpose of this case,
for the tax has been acquiesced In, submitted
to and the money paid in by the taxpayers for
kindergarten purposes, and no taxpayer has by
suit raised any objection to any of this money
going to these schools, and the sole question
for us to determine Is whether it Is lawful for
the clerk to pay over the accumulated fund,
as heretofore authorized by the board, for the
maintenance of such schools. The question is
whether the kindergarten free schools have
been made a part of the common school sys
tem of this district by the directors for this
year, to such an extent as authorizes the use
for these schools of this special fund paid in
for such purpose.
It must be conceded that the directors have
no legal power to turn over public school
money for the support of separate or private
schools, and If such is the present. case, all
relief must be denied. However, it appears
that this is not public school money in Its full
sense: It is a separate fund obtained by volun
tary payments made by taxpayers for special
free kindergarten purposes, and has not been
placed In the hands of the board for a general
school purpose. It Is In the nature of a special
trust fund which was never Intended for a pur
pose other than for kindergarten free schools in
this district, and If so used, it appears that it
will go precisely where the taxpayers directed
It to go. ana have so paid It In, presumably
wanting it to go. and no taxpayer is before ua
protesting against such application. This
money was neither raised by taxation for ordi
rary purpose of public schools, nor obtained
from the state or county In any manner what
ever, but has been paid In In trust for the uce I
asked for herein by these plaintiffs, and it
must cither be so used for such kindergaten
purposes or go unused at all. The directors
cannot use It for any other purpose; it belongs
to the cuetody of the board for no other than
kindergarten uses, and If it cannot be so usd,
it lies Idle. JCo taxpayer Is asking to have
his money paid back or seeking to enjoin Its
use from the purpose contemplated. The di
rectors, by their action, have also committed
themselves to the use of this special fund for
free kindergarten schools in this district, which
schools have become, to the extent dictated by
the directors, temporarily a part of the school
system of this district.
For the present, then, we shall consider only
this special fund and Inquire whether for this
year, under the peculiar circumstances of the
present case, the kindergarten schools have
been temporarily made a part of our common
school system to such an extent as to warrant
tho proposed use of this particular fund, and
the present status of this question must to
decided solely In the light of the past action
of the directors In this last year as to this
matter. We think, that such has been done
only for this year, and with this fund. It Is
questionable whether the statute. In fact, con
templates more than temporary maintenance
of kindergarten schools from year to year, and
If the taxpayers do not vote the money each
year. It may be questionable whether any funds
will be available for any kindergarten purposes
in the future.
In this case plaintiffs, as managers of the
free" kindergarten schools, virtually tendered
full control of the existing schools to the di
rectors, the directors practically accepted that
control for the year, and exercised It directly,
and to the extent they desired, making the
teachers take out primary certificates, and leav
ing the Immediate superintendence to the su
perintendent and teachers looking after these
particular schools, and promising that this
money should be applied toward their necessary
expense. The court cannot say now that this
Is not making these schools. In the discretion
of the directors, at least temporarily and to a
certain extent, such a part of the system of
this district as would require complete faith to
be carried out.
The money will go somewhat Indirectly. It
Is true, to those who have qualified themselves
as per the requirements of directors, and to
those who ha-e personally managed these free
kindergarten schools for this year, with the per
mission of the directors, and under an arrange
ment mado with them.
THREE YEARS EACH AT SALEM.
Trio of Bnrfflars Sent Up for Stealing
Seven Bolts of Silk.
John Armstrong, alias Wilson, H. Clark
and Frank Rossle were each sentenced to
three years In the penitentiary by Judge
Sears yesterday. They were convicted a
week ago of larceny of seven bolts of
isMlsMIHsMfcfrlsnWMrrrrV-i-i -ii -"f ritn'rliMnillffsssssMlfTfisfairi- i Vi ii V.ri;ftfrtiy'-ja-;- ,--'"lt-,w-f--"---"- -j'...i .'. ssk422&
BEAUTIFUL DRINKING FOUNTAIN PRESENTED TO
The location of the Thompson drinking
I the pedestal Is of bronze, life size, standing
silk, valued at ?300, from tho store of
Louis Moyer, on Russell street, Alblna.
A New Marble Company.
Articles of incorporation of the Ameri
can Coral Marble Company were filed In
the County Clerk's office yesterday by
W. H. Remington, of Tacoma; Francis
Clarno and F. O. Downing, of Portland.
Capital stock. 51,000.000. The objects an
nounced are to acquire and develop marble
or other mining claims, and to operate fa
cilities for the transportation of freight
and passengers between Alaskan and oth
er Pacific Coast ports.
DAILY CITY STATISTICS.
Marriage Licenses.
Bernt .John Llndland, 25, Clara Elizabeth
Olson. 2.
Charles D. Swanson. 28, Anna Mellnda
Brown, 21.
Birth Rctnrn.
December 0, girl, to wife of F. T. Mills, WO
Belmont street,
Death Returns.
December 11. David H. Norrle, 48 years, 1202
Hendricks street; cancer of stomach.
December 10. Christopher Schloth, 75 years,
40S Fourth street; old age.
December 11, Stephen Boucher. 21 years, dt.
Vincent's Hospital; heart dlseate.
BnlldiiiFr Permit.
A. Brauer, two-story dwelling. East Fifteenth
street, between East Alder and East Wash
ington. Patents.
United States to Oregon & California Railroad
Company. 1203.88 acres along Oregon i Califor
nia Railroad.
Same to same, 320 acres samp.
Samo to same, 3118.03 acres same.
Same to same. 41.1C2.07 acres same.
Rcnl Estate Transfers.
U. Asplanalp et al. to Samuel Hess, 10
acres, section 18, T. 1 IC., R. 2 E.; 21
acres, section 8, T. 1 X., R. 2 E $2500
Samuel M. Blandford and wife to Theo
dora A. Godel, eight acres, section 32.
T. 1 X., R. 2 E 2000
Sarah B, Blandford to Emma Lou Bland
ford, same 1800
Barbara Bannlnger to Emery Beach, lots
13 and 14, block 6, Sunset Park Addition
No. 2 220
Harry Gouldstone and wlfo to Edward
Spauldlng. lots S and 6, block 1. Elsmero
City 1200
Balfour Investment Company to Mary E.
Ledyard, lots 16, 17 and 18, block 5,
Orchard Homes. Mount Tabor 450
Alblna Sawmill Company to John M. Plt
tlngcr, lois 3 and 4, block 5, Railroad
Shops Addition 1200
M. J. IVclls and husband to Pacific Coast
Abstract Guarantee & Trust Company,
lot 2. block 8. Railroad Shops Addition. 400
Rachel Campbell et al. to Charles Binder,
lots 0 to 12. block 1; lots 12 to 15. block
2; lot 8, block JO, Miller's Addition to
Sellwood .. 1
Sheriff, for H. A. West, to T. E. Dwler,
lot 11. block 10. Mount Tabor Garden.. 2
Lulu E. Donner. executrix, to John Nel
son, lots 0 and 10, block 4, Macgly High
land 350
IV. A. Wells and wife to Carl G. Hodes.
2.13 acres, section 10. T. 1 S., R. 2 E... 1
Peninsular Real Estate Company to Wolf
Busch, lot 33, block 31, Willamette Ad
dition 35
Tyler Investment Company to same, lots.
34 to 33. block 51. Peninsular Addition.
NO. 4 150
Edward M. Cox et al. to E. J. Loughead.
10 acres, section 7. T. IS., R. 2 E. 1532
D. H. Deardorff to George R. Deardorff,
y- acre In section 6, T. 1 S., R. 2 E 1500
D. H. Deardorff to Ida L. Hutley, 00x120
feet, section C. T. 1 S., R. 2 E 1G00
D. H. Deardorff to George R. Deardorff,
lot 3. block 1, Glencoe Park., 223
D. H. Deardorff to George R. Deardorff.
1 acre in section 0, T. 1 S., R. 2 E 2000
Pacific Coast Abstract, Guaranty &
Trust Co., A. B. Manley, secretary; V. X.
Masters, attorney, 204-5-6-1 Failing bldg.
Washington's Second Election.
OLEQUA, Wash., Dec. 12. To the Edi
tor.) Since Washington' election to a
second term occurred before adoption of
the 12th amendment, how .was It possible
for him to receive the unanimous vote and
yet a Vice-President be elected?
W. O. CLARK.
At the election of 1792 George Washing
ton, Federalist, received 132 votes; John
Adams. Federalist, 77; George Clinton, Re
publican, 50; Thomas Jefferson, Republi
can, 4; Aaron Burr, Republican, 1; va
cancies. 3. George Washington was there
upon declared President and John Adams
Vice-President. A Vice-President was not
voted for directly until 1814.
t
Suit the people, because they are tired
of bitter doses, with the pain and griping
that usually follow. Carter's Little Liver
Pills. One pill a dose.
D. P. THOMPSON DIES
(Continued from First Page.)
many miles he repeated the well-known survey
ing words of "Stick stuck!" and many a tree
In the mountain region was marked by his ax.
The sturdy frame he had Inherited from his
Scotch-Irish ancestry stood htm in hand during
his long siege of surveying In all kinds of
weather, and many a night he made his lonely
camp In a wild region where now are valua
ble, well-cultivated farms.
These surveying contracts yielded profits
which were the basis of the large fortune ac
cumulated by Mr. Thompson. As president of J
the Oregon Construction Company, he was act
ive In building the line of the O. R. & N. Co.
in Eastern Oregon.
Mr. Thompson was engaged In several other j
large Business enterprises, ana weni very ex
tensively Into banking. At one time he was
president and director of 17 National banks.
fountain Is on Main street, between Third and
eleven feet from hoof to tho tip of the antlers.
Ho has been much blamed by people who lost
In the failure of the Portland Savings Bank,
but his friends say that It is a fact that he
had nothing to do with that bank at the tlmo
it failed.
In politics Mr. Thompson has been a promi
nent figure. He has been elected to the State
Senate and the House several times, and In
1S74 was appointed by President Grant Gover
nor of the then territory of Idaho. In 1SS4 he
was elected a Republican Presidential Elector,
and was a delegate to the National Republican
Convention that nominated President Hayes.
President Harrison appointed him Envoy Ex
traordinary to Turkey. In 1S90 ho ran for
Governor of Oregon on the Republican ticket,
but was defeated by Sylvester Pennoyer.
Locally, Mr. Thompson's political career has
been brilliant. He was twice elected Mayor of
Portland, and his administration was efficient
and vigorous.
He always took the most unfailing Interest
in the public schools, and for many years waa
prominently identified with their progress In
this city. He offered many medals and prizes
to pupils, and made many gifts to students
and student bodies. Indeed, his activity In
school matters was generous. Intelligent and
continuous, and led to his repeated election to
the School Directorship. He was a member
of the board when he died. He was recently
also a Regent of the State University. Among
the most notable gifts of Mr. Thompson was
the presentation to the city of the beautiful
fountain which stands on Main street, between
the Dlaza blocks. He was a member of the
First Unitarian Church, and for a number of
years a trustee.
Speaking of Mr. Thompson's career yesterday,
a Portland business man .said:
"1 have nothing but kindly words for Mr.
Thompson. I had much to do with him. and
found him to be a good man and a public
spirited man. I found htm always accommo
dating where requests were reasonable ind
Just, and I know of his going on official bonds
for a great many men. I know that he hits
been a kindly family man and fond father."
Mr. Thompson was married In 1S61 to Mary
R. Mcldrum, daughter of a pioneer of 1S45, and
their children consist of one son and two
daughters, one of whom is Mrs. J. N. Teal.
The family removed from Oregon City to Port
land In 1870, and has resided here ever since.
His widow survives him.
OVER ELEVEN THOUSAND.
Rccord-Rreaklnfr Enrollment of the
Portland Pnblic Schools.
The number of pupils attending the pub
lic schools of this city is larger this term
than ever before, but will not reach the
maxlmdm until the early part of next
term. Following is the report of attend
ance for the month ending December 6:
1 V l
fern s
:: mm
i H m.
II w
II
Irm jff I ...
ma- v A
SfdMwfTVJP,tJ'tOMPi&nM'JKssi v
t g B&STsSnJflfHnlfliMHQHMKSfcS vv
if ssMIKmIb3hPhPHPhHMHV1spPmiG
njl r f . " - . lis
Kino KSFfcfi'avi viJ-jrf-.ia.j:?r.a m
BPWIll ii ii ' m ii i Hi ii iii iiwWihnT' ji
55 j
cO -n
p" 2o 21
2 r on pS
SCHOOLS. : g f 2 SS
a .55 6
i 5" P -2.
'. :
p : f : : 2.
Alnsworth
Alblna Central ..
Atkinson
Brookljn
Central.
Chapman
Clinton Kelly ....
Couch
Falling
Fernwood
Fulton
Fulton Park
Harrison
High
Highland
Holladay
Marquam
Midway
North Central ...
Park
Peninsular
Portsmouth
Sellwood
South Portland ..
Stephens
Sunnyslde
Thompson
"William-Avenue
Woodlawn
101 100.3
204 208.3
017 033.6
318 317.2
010 022.2
441 443.2
SOD 241.8
C70 6S1.7
740 747.0
14 13.S
55 57.0
81 82.3
833. 885.0
712 715.3
112 10S.0
500 504.3
14 14.0
10 18.0
414 420.0
812 820.4
0 05.2
132 13J.0
213 227.8
150 100.
547 553.9
371 372.0
759 700.5
000 003.0
25S 252.8
04.3
00.3
04.0
05.4
ti&.7
03.8
5MJ.S
00.S
73S.Si0i5.0
0(i9.00C.4 j
-l.S.JUU
Totals 10.04111.078.7!l0.r,09.7;t)rt.-
Protest ARainst Tariff RnllnK.
NEW YORK, Dec. 13. A petition for a
review of the proceedings before the
Board of General Appraisers in the Gug
genheim Smelting Company case has been
filed In the United States Circuit Court.
The company imported a quantity of lead
ore for the purpose of smelting and re
fining. The Collector admitted the con
signment under bond free from the assess
ment duty, as provided under the tariff
act when the metal recovered from the
process of smelting and refining applied
to th foreign product is to be re-exported.
The Collector required that
quantities of pure lead and
antimony equal to 90 per cent of
each metal, respectively, as shown
by analysis to constitute the entry of ore
upon Importation, must be delivered for
re-export 'to cancel the bond under which
the merchandise was admitted, or duty
upon such a quantity of metal as repre
sented the discrepancy between such
quantity and 90 per cent of the ore im
ported must be paid. The Guggenheim
Smelting Company protested, but Its con
tentions were overruled by the Board of
General Appraisers.
JUDGE SEHLBREDE BACK.
Discusses the Charge Recently
3Iade Afralnst Him In Alaska.
C A. Sehlbrede, of Roseburg. Or., who
was appointed Court Commissioner for
the Skagway district, at the request of
ex-United States Senator McBrlde,
returned from the north yesterday. Judge
Sehlbrede has resigned his official po
sition In Alaska, and will resume the
practice of law In Oregon.
He was appointed Commissioner In
March of 1S93, and assumed the duties of
THE CITY OF PORTLAND BY
Fourth, in the plaza blocks. The basin and pedestal
the office in May of the same year. At
the last session of Congress a change was
made in the law whereby the power of
appointing the Commissioner was vested
in the Judge of the district, and the re
muneration was confined to the fees.
Previous to the enactment, the office paid
$1000 a year salary in addition to the
fees. Judge Sehlbrede resigned because,
under the new arrangement, the position
did not pay as well as formerly.
In an interview at the Imperial yester
day Judge Sehlbrede said that the coun
try was In a prosperous condition, and
that there was every prospect of Skagway
enjoying a normal growth In the future
that would result in a good-sized city.
"My only reason for resigning," said he,
"was that the remuneration was cut to
such an extent that It was no longer
profitable. My successor was J. J. Rog
ers, who was my clerk In the Probate
Court, while I was on the bench.
"The charges preferred against me,
during my absence last Summer, wcro
investigated by the grand Jury, and their
findings completely exonerated me from
all charges of corruption. As a matter
of fact, the charges were made by a
disgruntled attorney, whom I had occa
sion to reprimand In court. He took ad
vantage of my absence to make accusa
tlons that had absolutely no foundation
in fact, and the allegations were easily
disproven.
"The salary for tho position was reduced
by Congress, and I resigned for that
reason. The charges preferred against
me had nothing whatever to do with my
resignation. Previously a large amount
of business was derived from the pack
ers who carried the freight into the in
terior. Now the traffic Is handled by
the railroad, and that source of revenue
Is gone. In addition, the rush is over,
and the city has settled down to Its nor
mal quietude. The district, as it was
when I first assumed office, extended from
a distance 50 miles down the canal to
ward Juneau, to the Canadian border.
Now three districts have been made of
the territory and that has had the effect
of cutting Into the business.
"New diggings are being continually.
reported In tho Interior, and a splendid
deposit of placer gold has been found on
Bonanza Creek. What was apparently
a river channel in past ages has been
found, which Is from 300 to 400 feet above
the present water level. Several valuable
claims have been located along the old
waterway, and a large-sized camp has
sprung into existence."
Judge Sehlbrede expects to leave to
morrow for Salem, where his family Is
now residing, and he will probably prac
tice law either In the capital city, or in
Portland.
Olympla Land Office.
WASHINGTON, Dec. 13. State Senator
A. S. Ruth, of Olympla, Is In
Washington, endeavoring to secure
the appointment of Register at
the Olympla Land Office now filled by
Frank G. Deckebach. It Is believed he
has the indorsement of Senator Foster,
as has the present Receiver, John O'B.
Scobey. The present Incumbents were ap
pointed June 17. 1S97. These offices pay
about $3000 per annum.
Representative Jones today Introduced
a bill granting a right of way through
the Yakima Indian reservation to tho
Yakima Irrigation Company, which pro
poses to construct a ditch from Ahtanum
Creek to the eastern boundary of the
reservation.
Police- Captain Suspended.
NEW YORK, Dec. 13. Police Captain
Cooney, In whose precinct private agen
cies last night raided rooms In which, It
is alleged, were the headquarters of the
policy gamblers, was suspended today by
Police Commissioner Murphy, and ordered
to appear for trial December 17. Cooney
will be accused of neglect of duty In per
mitting the policy gamblers to do business
In his precinct. When the contents of the
safes captured In last night's raid were
examined today account books were found
which showed that the.receipts from pol
icy slips sold Monday and Tuesday of this
week aggregated $23,000.
All Who Are Suffering
From nervous debility and prostration of
the physical powers, caused by the errors
of youth, should Immediately send to Dr.
G. H. Jones, Chief Consulting Physician
to the Peabody Medical Institute. Boston,
for a copy of "The Science of Life; or,
Self-Prescrvatlon." an Invaluable work,
the result of the widest research and
deepest thought upon the subjects of
which it treats. "The Diseases of the
Nervous System; or, Pathology of the
Nerves and Nervous Maladies," Is an
other great and Instructive medical trea
tise. The importance of the knowledge
of the truisms contained in these great
works cannot ba overstated.
ATTACKED BY MAD BULL
JOHN ROBERTS HAS NARROW ES
CAPE FROM FIERCE AXI3IAL.
He Was Knocked Down and His
Shoulder Broken, Before the
Hired 3Ian Rescued Him.
John Roberts, a well-known farmer liv
ing on the Powell Valley road near Gresh
am, was attacked by a bull a few days
ago. which knocked him down, and. fol
lowing up the first attack, nearly killed
him before the animal could be driven off.
Roberts shoulder was broken, and he
was otherwise severely bruised. The time
ly aid of a hired man prevented his being
killed.
Roberts had handled the bull before,
and had never had trouble. When leading
the animal Into the barn the bull made a
sudden lunge for him, knocking him down
with great force and nearly stunning
him. before he knew the animal was after
him or before he could get out of the way.
The farmer lay on the floor after the first
attack, and the bull Jumped clear over
him. He raised up slightly and started to
crawl off. but In an Instant the Infuriated
animal turned and made a savage dash at
the prostrate man and forced him down
again, having Roberts completely at his
mercy.
Fortunately the bull had no horns,' or
the farmer would have been, gored to
death very quickly, as the animal etood
over him and pushed him about with his
head, and yecmed determined to kill him.
There happened to be a man In tlje barn
at the time, who. hearing the racket, has
tened to ascertain the cause. Seeing Rob
erts in the power of the bull, he took in
the situation and acted with great prompt
ness. He seized a long 2x1 scantllnsj, and
attacked the bull, beating him over the
head with the scantling, and finally suc
ceeded In driving him off. He then lifted
Roberts to a place of mfety. Hnd Rob
erts been alone the bull undoubtedly would
have succeeded in killing him In a very
short time. Since the attack Roberta has
been confined to his home with the inju-
o
aasarjrtaijj&fii ai tt&ssa&a&a
DAVID P. THOMPSON.
are of granite.
The elk which surmounts
ries received, but a friend who saw him
yeaterday said he Is improving and will be
out in a few days.
UNION AVENUE I3IPROVEMENT.
The Petition Is Belnff Generally
Signed by Property-Owners.
Tho prospect for the Improvement or
Union avenue between East Oak and East
Burnslde streets Is excellent. Most of the
large property-owners have signified their
willingness to sign the petition to have
tho work done. The cost for replanklng
will not be over 51 per front foot. Meat
all the building? on Union avenue are now
occupied. At least the rooms above the
first floor are taken.
There la also hope that the elevated
roadway on East Oak street, between
Grand and Union avenues, will be re
paired. This roadway has been closed for
several years. The surface has settled,
and great holes have been broken. Be
tween Grand avenue and East Sixth street
the East Oak street roadway Is also dis
rupted and barricaded, and repairs are
needed as much as between Grand
and Union avenues.
It Is thought that It will pay to repair
all tho elevated roadway west of Union
avenue, as property rents readily now In
that district. East Oak and East Wash
ington streets are most called for north
of East Morrison street. The superstruc
ture of these roadways would only have
to be partially rebuilt. Every building on
East Washington street would be occu
pied, and It would be an Important busi
ness street if the roadway was repaired.
It has been closed now for several years,
and yet considerable business has always
been done there.
STREETS SHOULD BE UNIFORM.
People Are Opposed to a Crisscross
Plat for the Tibbetts Tract.
In the opening of streets through the
Tibbetts tract cast of MUwaukle street
the general expression Is that the streets
extended through the tract should corre
spond with tho existing streets. It Is de
sired that East Twelfth should be carried
through the tract directly south, and East
Thirteenth. East Fourteenth and the oth
er streets In the same way. East Twelfth,
If extended, would cut In part the city's
property, but It Is not believed that there
would be any opposition to this, as it
would provide access to the ground. The
only way to give access to Cole's and
Feuer's Additions south of Powell
street Is to open one or more streets
northward through the Tibbetts tract, and
the people of that district will Insist that
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this should be done when the tract Is
platted.
West from Mllwaukle street there Is not
a single street opened to the river. Ells
worth Is only opened from the river to
East Tenth street, but Dr. C. H. Raffcty
owns the property through which It will
pass If extended, and he intends to plat
his tract and open the streets through It
In the near future. This will afford some
relief in that direction. It Is well under
stood that nothing will develop that por
tion of the city more than to open some
of these streets.
ARTHUR- VENVILLE'S FUNERAL.
He Will Be Given Given Military
Burial From Sellivood.
The funeral of Arthur Venvllle, whose
remains were shipped to Portland from
the Philippine Islands, will be held to
morrow afternoon at 2:30 o'clock, from the
Sellwood Episcopal Church. It !s expect
ed that It will be a military funeral. Af
ter the services In the church the re
mains will be burled in Mllwaukle ceme
tery, where the monument was erccteo"
some time ago.
The detachment of the artillery will
meet at Dunning's undertaking parlors
on Sunday at 1:15 P. M. sharp, and will
escort the remains to East Sixth and
Umatilla, where they will meet the firing
squad. Naval Battalion, O. N. G., and
Spanish War veterans; then proceed to
St, John's Episcopal Church. The serv
ice will be conducted by the Rev. E. T.
Simpson, at 2:30 P. M.; thenco to Mll
waukle cemetery.
Neiv Presbyterian Church.
The old building of the Third Presby
terian Church has been settled on the
foundation on East Pine and East Thir
teenth streets, and meeting will hereafter
be held In it. No contracts on the new
portion have yet been let. but Dr. McLean
said yesterday that It was expected that
some of the work would be let before
long. The building committee Is moving
with caution In awarding contracts.
East Side Notes.
Rev. Hervey H. Hoyt. pastor of th
First Universalis!. Church. East Eighth
street, has gone east of the mountains on
a short visit.
John Kenworthy, the well-known pi
oneer resident. Is still confined to his home
on Union avenue with sickness, but Is re
ported Improving.
No arrangements have yet been mado
for the funeral of William E. Turner, who
committed suicide at Tabasco Addition
Thursday morning. The body Is still at
the East Side morgue.
Wis. Bros., dentists. Both phones. Tho
Falling.
Depevr Starts for France.
NEW YORK, Dec. 13. United States
Senator Depew, who will wed Miss Palmer
In Franqe during the holidays, has just
reached the city from Washington. He
has engaged passage on the Kaiser W1I
helm der Grosse, which Is scheduled to
sail tomorrow for Southampton. The
North German Lloyd steamer should
reach Cherbourg in about a week, which
would enable Senator Depew to join his
fianceo several days before Christmas.
Miis Hay's "Wedding' Day.
WASHINGTON. Dec. 13. The marriage
of Miss Helen Hay, daughter of the Sec
retary of State, and Payne Whitney, of
New York, will occur Thursday, February
6, at the Church of the Covenant in this
city. Rev. Tunis S. Hamlin, the pastor of
tho church, will officiate, assisted by two
visiting clergymen. About 600 Invitations
will be Issued.
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FEW PEOPLE REALIZE
The Danger in That Common Dis
case. Catarrh.
Because catarrhal diseases are so com
mon and because catarrh Is not rapidly
fatal, people too often overlook and neg
lect It until some Incurable ailment de
velops as a result of the neglect.
The Inflamed condition of the mem
brane of the nose and throat makes a
fertile soil for tho germs of Pneumonia
and Consumption; in fact, catarrhal
pneumonia and catarrhal consumption are
the most common forms of these dreaded
dlseises which annually cause more than
one-quartT of the deaths In this country.
Remedies for catarrh are almost as nu
merous a3 catarrh sufferers, but very
few have any actual merit as a cure,
the only good derived being simply a
temporary relief.
There Is. however, a very effective rem
edy recently discovered which is rap
idly becoming famous for Its great value
In relieving and permanently curing all
forms of catarrhal diseases, whether lo
cated In the head, throat, lungs or stom
ach. This new catarrh cure Is principally
composed of a gum derived from the
Eucalyptus tree, and this gum possesses
extraordinary healing and antiseptic
properties. It Is taken Internally in the
form of a lozenge or tablet, pleasant to
the taste nnd so harmless that little chil
dren take them with safety and benefit.
Eucalyptus ol. and the bark are some
times used, but are not so convenient
nor so palatable as the gum.
Undoubtedly the best quality Is found
In Stuart's Catarrh Tablets, which may
be found In any drug store, and any ca
tarrh sufferer who has tried douches, in
halers and liquid medicines will be sur
prised at the rapid Improvement alter a
few days' use of Stuart's Catarrh Tab
lets, which are composed of the gum. of
the Eucalyptus tre. combined with other
antiseptics which destroy the germs of
catarrh in the blood and expel the ca
tarrhal poison from the system.
Dr. Ramsdell, in speaking of Catarrh
and its cure, says: "After many ex
periments 1 have given up the Idea of
curing catarrh by the use of Inhalers,
washes, salves or liquid medicines. I have
always had the best results from Stuart's
Catarrh Tablets: the red gum and other
valuable antiseptics contained in these
tablets make them, in my opinion, far
superior to any of the numerous catarrh
remedies so extensively advertised. The
fact that Stuart's Catarrh Tablets are
sold In drug stores, under protection of
a trademark, should not prejudice con
scientious physicians against them, because
their undoubted merit and harmless char
acter make them a remedy which every
catarrh sufierer may use with perfect
safety and the prospect of a permanent
cure,"
For colds In the head, for coughs, ca
tarrhal deafness and catarrh of the stom
ach and liver, people who have tried
them say that Stuart's Catarrh Tablets
are a household necessity.
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by means cf Newbro's Herplcldo, a
new eclcntiflo discovery that effec
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ciblo for ell scalp diseases.
It not only makes dandruff and fall
InST hair things of tho past, but invig
orates tho hair roots, causing a soft,
thick erowth to sunplnnt tho old
thin and brittle ona. Ilcro la what k
ono arppy woman says :
. nnix?s3rac,JIoTr.,?foT.2,,53.
aly hilr trzs catalog o:.t tc7 raplulj-, ad
In placus -wza entirety bild; itnd calling on
our ptralcl-n ht strongly recommended
nerplduo to me, una nicer inn-i or lour i
plications ar iuir stopped falling, ar.il
iierplcldo to me, nna nicer tnrcr or lour up-
13
cOEunj in ac&ii quite tnlcl;
I used to bo
troubled trltn dandruir. of which I am cured.
133 bo yu eeo I havo cause to prs. ta evrbro'a
tJ UeXJllClUO. 31Z3, JUKI UilSUUHlUU.
g Fcr Sele at all Flrst-Ctass Dreg Stores.
ytM.",w..i ji.ujjjwu'-"r imwtjijjijia'iiiaiia
frjfrpffia-fJfeRSaaiBB
Signature of
SAUCE